Ohio Administrative Code Search

...(A) Definitions. (1) "Countable tree" means a tree or shrub that: (a) Is in place for at least two years; (b) Is alive and healthy; (c) Has at least one-third of its length in live crown, with green foliage during its growing season, and is not diseased or insect-infested; and (d) Has a root crown or root sprouts over one foot in height. Root crowns or root sprouts over one foot in height sha...

...(A) All affected areas shall be reclaimed in a timely manner: (1) To conditions that are capable of supporting the uses which they were capable of supporting before any mining; or (2) To higher or better uses achievable under criteria and procedures of paragraph (D) of this rule. (B) The premining uses of land to which the postmining land use is compared shall be those uses which the land previously supported, if ...

...(A) Request for extension of the time limits of paragraph (A)(3) of rule 1501:13-9-13 of the Administrative Code for the purpose of removing limestone, clay, or shale shall be submitted in writing to the chief of the division of mineral resources management not less than sixty days prior to the time the reclamation required by paragraph (A) of rule 1501:13-9-13 of the Administrative Code must otherwise commence. (B)...

...(A) The permittee shall either: (1) Adopt measures consistent with known technology which prevent subsidence from causing material damage to the extent technologically and economically feasible, maximize mine stability, and maintain the value and reasonably foreseeable use of surface lands; or (2) Adopt mining technology which provides for planned subsidence in a predictable and controll...

...(A) The permittee shall either: (1) Adopt measures consistent with known technology which prevent subsidence from causing material damage to the extent technologically and economically feasible, maximize mine stability, and maintain the value and reasonably foreseeable use of surface lands; or (2) Adopt mining technology which provides for planned subsidence in a predictable and controll...

...(A) General. (1) Auger mining operations shall be conducted in accordance with the requirements of Chapters 1501:13-9 to 1501:13-11 of the Administrative Code, except as provided in this rule. (2) The chief may prohibit auger mining, if necessary, to: (a) Maximize the utilization, recoverability, or conservation of the solid-fuel resource; or (b) Protect against adverse water-quality impacts. ...

...(A) Mountaintop removal mining operations shall be exempt from the requirements of rule 1501:13-9-14 of the Administrative Code for achieving approximate original contour, if the following requirements are met: (1) The chief grants a variance under paragraph (C) of rule 1501:13-4-12 of the Administrative Code; (2) An industrial, commercial, agricultural, residential, or public facility (including recreation facilit...

...(A) General requirements. (1) The permittee shall restore on the permit area streams and wetlands affected by mining operations unless the chief approves restoration off the permit area by means of mitigation pursuant to division (A)(25) of section 1513.16 of the Revised Code and this rule. (2) An applicant's or permittee's request for restoration off the permit area pursuant to division (A)...

...(A) General requirements. (1) The permittee shall restore on the permit area streams and wetlands affected by mining operations unless the chief approves restoration off the permit area by means of mitigation pursuant to division (A)(25) of section 1513.16 of the Revised Code and this rule. (2) An applicant's or permittee's request for restoration off the permit area pursuant to division (A)...

...(A) For purposes of this rule: (1) "Chief" shall mean the chief, his or her authorized representative, or any inspection officer. (2) "Inactive coal mining and reclamation operation" means an operation: (a) For which the chief has secured from the permittee the written notice required under paragraph (A) of rule 1501:13-9-16 of the Administrative Code; or (b) For which reclamation phase II...

...(A) For purposes of this rule: (1) "Chief" shall mean the chief, his or her authorized representative, or any inspection officer. (2) "Inactive coal mining and reclamation operation" means an operation: (a) For which the chief has secured from the permittee the written notice required under paragraph (A) of rule 1501:13-9-16 of the Administrative Code; or (b) For which reclamation phase II...

...(A) Cessation orders. (1) Imminent danger; significant harm. (a) An authorized representative of the chief shall immediately order a cessation of coal mining and reclamation operations or of the relevant portion thereof, if he or she finds on the basis of any inspection, any condition or practice, or any violation of Chapter 1513. of the Revised Code or rules adopted thereunder, or any condition...

...(A) The chief shall review each notice of violation and cessation order in accordance with the assessment procedures described in this rule to determine whether a civil penalty shall be assessed, the amount of the penalty, and whether each day of a continuing violation will be deemed a separate violation for purposes of the total penalty assessed. (B) The chief shall assess a penalty for each cessation order. In all...

...(A) The chief shall review each notice of violation and cessation order in accordance with the assessment procedures described in this rule to determine whether a civil penalty shall be assessed, the amount of the penalty, and whether each day of a continuing violation will be deemed a separate violation for purposes of the total penalty assessed. (B) The chief shall assess a penalty for each...

...(A) Definitions. For the purposes of this rule: (1) "Violation" means a violation of any requirement of Chapter 1513. of the Revised Code, rules adopted thereunder, or of any permit condition. (2) "Failure or refusal" means a failure or refusal to comply with any notice of violation or order of the chief issued under Chapter 1513. of the Revised Code, except that non-payment of civil penalties assessed against a co...

...(A) Transfer of permit rights. (1) Any person seeking to succeed by transfer to the rights granted by a permit shall submit an application for a transfer of a surface mining permit. Such application shall be on forms prescribed by the chief and shall include at a minimum: (a) The name and address of the existing permittee and the permit number; (b) The information required by divisions (A)(1), (A)(7), and (A)(8) o...

...(A) Transfer of permit rights. (1) Submission of an application for transfer of a surface mining permit is necessary for any person seeking to succeed by transfer to the rights granted by a permit. The chief will prescribe forms for the application that request, at a minimum: (a) The name and address of the existing permittee and the permit number; (b) The information required by divisions ...

...(A) The Code of Federal Regulations (C.F.R.) references listed in Chapter 1501:14-1 and Chapters 1501:14-3 to 1501:14-6 of the Administrative Code are those published on the following date(s): for Title 30, July 1, 2020; for Title 40, July 1, 2020. These regulations can generally be found in public libraries or electronically at the website govinfo.gov/. These regulations are: (1) 30 C.F.R. 5...

...(A) The Code of Federal Regulations (C.F.R.) references listed in Chapter 1501:14-1 and Chapters 1501:14-3 to 1501:14-6 of the Administrative Code are those published in the July 1, 2019, C.F.R. These regulations can generally be found in public libraries or electronically at the website govinfo.gov/. These regulations are: (1) 30 C.F.R. 50.2. (2) 30 C.F.R. parts 56 and 58, as amended. (3) ...

...(A) The Code of Federal Regulations (C.F.R.) references listed in Chapter 1501:14-1 and Chapters 1501:14-3 to 1501:14-6 of the Administrative Code are those published on the following date(s): for Title 30, July 1, 2023; for Title 40, July 1, 2023. These regulations can generally be found in public libraries or electronically at the website govinfo.gov/. These regulations are: (1) 30 C.F.R. 5...

...This rule applies to surface mining operations that are inspected by MSHA. (A) (1) If a surface mining operation is inspected by MSHA, the chief shall conduct inspections of the operation only under the following circumstances: (a) The operation is identified through a safety performance evaluation conducted under paragraph (B) of section 1514.41 or section 1514.45 of the Revised Code or rule 1...

...This rule applies to surface mining operations that are inspected by MSHA. (A) (1) If a surface mining operation is inspected by MSHA, the chief will conduct inspections of the operation only under the following circumstances: (a) The operation is identified through a safety performance evaluation conducted under paragraph (B) of section 1514.41 or section 1514.45 of the Revised Code or rule 15...

...(A) (1) The operator of a surface mining operation shall employ a certified mine foreperson to be in charge of the conditions and practices at the mine and to be responsible for conducting examinations of the surface mining operation under 30 C.F.R. part 56, as amended. (2) Examinations of surface mining operations for the purposes of 30 C.F.R. part 56, as amended, shall be conducted by one of the following: (a)...

...(A) To insure that upon completion of reclamation any lake or pond located within the area of land affected is free of substances resulting from mining in amounts or concentrations that are harmful to persons, fish, waterfowl, or other beneficial species of aquatic life, the operator shall: (1) Construct dams or otherwise provide that the water level within any permanent water impoundment is maintained at no less t...

...(A) General. (1) The provisions of this rule shall apply to all surface blasting operations, including surface blasting operations incidental to underground mining, on all industrial minerals mining and reclamation operations. For box or contour cuts associated with development of underground mine entries, this rule shall applyapplies to all material above the final floor level of the cut. For...